Post trial relief is denied; non-infringement verdict stands.
Grape Technology Group, Inc. and KGB, Inc. v. Jingle Networks, Inc., Civ. A. No. 08-408-GMS, January 9, 2012.
Sleet, C. J. Plaintiff’s motion for a new trial is denied. Defendant’s motion for JMOL of invalidity is denied. Defendant’s motion for attorneys’ fees is denied.
The disputed technology concerns advertiser-supported directory assistance. A jury unanimously found that Defendant did not infringe. It further found that none of the asserted claims were invalid. The court finds that expert testimony regarding payment in advance adequately supports the jury finding of noninfringement. The court further finds that disputed prior art did not create a list of selected businesses but rather selects a single business. The jury’s verdict was not against the weight of the evidence. The jury’s verdict of nonobviousness was substantiated. Defendant was required to present evidence establishing the level of ordinary skill in the art and failed to do so. The application for attorneys’ fees is denied. Plaintiff’s conduct did not amount to bad faith or vexatious litigation, and the conduct of neither party was “exceptional” in that regard despite hard fought litigation.
